Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Punishment of the crime

1. On June 17, 2018, the Defendants’ co-principal Defendants were able to sell the iron bars and blasting machines owned by the victim on the water at the night of the construction site of the E-new construction site, which was ordered by the victim D located in Busan City, in the middle of the construction site of the E-built construction site. Defendant B used for the fork to load the iron bars equivalent to KRW 1,042,60 in the market price, KRW 4,010 in the aggregate and KRW 4,010 in the cargo depot, and Defendant A driven the freight cars loaded with the scrap metal, and sold them to “F”.

As a result, the defendants jointly stolen the victim's property.

2. On May 2018, Defendant A: (a) loaded approximately two tons of the scrap metal in the market price at the night of the new E construction site, which is owned by the victim; and (b) sold it to “F” and stolen the victim’s property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, H and I;

1. Complaints, criteria for review of methods of management of construction works, guidelines for performance of duties, bringing-in and inventory of steel products, and notification of subcontract agreements for construction works;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 331(2) and (1) and 329 of the Criminal Act: Defendant B: Article 331(2) and (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (as to the defendant A);

1. Discretionary mitigation (with respect to the defendant B), Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing):

1. The Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are recognized and inconsistent with each other; Defendant A was punished by the suspended sentence of imprisonment for the same kind of crime; Defendant B did not have any record of punishment for the same type of crime; and there are some circumstances that may be somewhat taken into account in light of the circumstances leading up to the crime committed by each of the instant crimes and the use of the disposition money (employee meal expenses, simple food expenses, etc.).